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Have You Recently Been Involved in a Pedestrian Accident in Portland, Oregon?
A pedestrian accident can be traumatic both physically and financially. We have the experience and dedication to represent you and strive for the best possible compensation.
Contact Goldberg & Loren today for a free consultation. We will take care of the legal details as you focus on your recovery. Don’t wait, take action now and get the justice you deserve.
What are Pedestrian Accidents?
Pedestrian accidents refer to incidents in which a person on foot is impacted by a vehicle such as a car, a bus, a truck an e-scooter, or another motorized vehicle.
Accidents may occur within intersections, crosswalks, parking lots, and alongside roadways.
Alcohol, the size of the vehicle and the speed at which the vehicle was traveling are notable factors contributing to the likelihood and severity of a pedestrian accident. [2]
In 2021, pedestrians constituted 43% of all traffic fatalities in Portland, which is an increase from 38% in the previous year. The annual number of pedestrian fatalities rose from 17 (from 2017 to 2020) to 27 in 2021. [1]
Types of Pedestrian Accidents
Pedestrian accidents can occur in various ways, often involving collisions between pedestrians and vehicles or other hazards. The most common type of pedestrian accidents include:
- Backing Up Accidents: Pedestrians can be at risk when drivers are backing up, especially in parking lots or driveways where visibility may be limited.
- Crosswalk Accidents: Pedestrians are often struck by vehicles while crossing the street at marked or unmarked crosswalks.
- Failure to Obey Traffic Signs or Signals: Drivers who disregard traffic signs or signals may fail to yield to pedestrians or violate their right-of-way.
- Failure to Yield Accidents: Always yield to pedestrians, especially at intersections or crosswalks, to prevent accidents with serious consequences.
- Hit-and-Run Accidents: Some drivers may flee the scene after striking a pedestrian, leaving the victim without assistance or recourse for compensation.
- Intersection Accidents: Intersections are high-risk areas for pedestrian accidents, especially when drivers fail to yield while turning.
- Lane Change Accidents: Pedestrians have the risk of being struck by vehicles changing lanes, especially in busy urban areas or on highways.
- Parking Lot Accidents: Pedestrians are vulnerable to being hit by vehicles backing out of parking spaces or driving through parking lots.
- Red Light Accidents: Pedestrians may be struck by vehicles running red lights, especially when crossing intersections.
- Reckless Driving Accidents: Dangerous drivers that put pedestrians at risk can cause accidents.
- Right-of-Way Accidents: Pedestrians have the right of way in certain situations, such as at crosswalks or when crossing with a green light, and drivers who fail to yield can cause accidents.
- School Zone Accidents: School zones are often busy with pedestrian traffic, and drivers must exercise extra caution to avoid accidents.
- Sidewalk Accidents: Pedestrians are at risk of accidents from vehicles drifting off the road and onto the sidewalk, especially in areas without adequate barriers.
- Speeding Accidents: Speeding drivers have reduced reaction times and increased stopping distances, making it more difficult to avoid pedestrians.
Pedestrian Accident Statistics in Portland (2017 - 2021)
- 71% of all pedestrian crashes occur at intersections, with 44% at signalized intersections.
- 20% of pedestrian crashes result from left-turning drivers failing to yield to pedestrians in the crosswalk at signalized intersections.
- 25% of all pedestrian crashes occur mid-block, due in part to long distances between marked crossings.
- 49% of all pedestrian crashes occur in low-light conditions [3]
High Crash Network Streets and Intersections
Sixty percent of deadly crashes in 2021 occurred on eight percent of streets in Portland. The High Crash Network comprises the 30 deadliest streets and intersections, based on crash data.
Causes of Pedestrian Accident
Roughly 5.7% of Portland residents primarily walk to work, yet 40% of all traffic related deaths from 2018 – 2022 were pedestrians. East Portland continues to have nearly twice the number of pedestrian deaths per capita compared to the rest of Portland. [4]
The causes of pedestrian accidents are diverse and often involve a combination of factors. Here are some factors often responsible for pedestrian accidents:
- Distracted Driving: This includes drivers who are texting, talking on the phone, eating, or otherwise not fully focused on the road, resulting in accidents with pedestrians.
- Drunk or Impaired Driving: Intoxicated drivers are more likely to fail to notice pedestrians or react in time to avoid collisions.
- Failure to Yield: Drivers may fail to yield the right-of-way to pedestrians at crosswalks, intersections, or other designated areas.
- Speeding: Excessive speed reduces a driver’s ability to react to unexpected pedestrian movements or hazards.
- Ignoring Traffic Signals: Drivers who run red lights or stop signs may collide with pedestrians crossing legally.
- Reckless Driving: This includes behaviors such as weaving through traffic, tailgating, and racing, which can lead to pedestrian accidents.
- Poor Visibility: Pedestrian accidents are more common in low-light conditions, bad weather, or areas with inadequate street lighting.
- Backing Up Accidents: Drivers may not see pedestrians behind their vehicles when backing up, especially in parking lots or driveways.
- Turning Accidents: Drivers making turns may fail to yield to pedestrians or misjudge the timing, resulting in collisions.
- Obstructed Views: Objects like parked cars, bushes, or buildings can obstruct a driver’s view of pedestrians, leading to accidents.
- Drowsy Driving: Fatigued drivers may have slowed reaction times and impaired judgment, increasing the likelihood of pedestrian accidents.
- Vehicle Malfunctions: Brake failures, steering problems, or other mechanical issues can lead to accidents involving pedestrians.
- Inexperience: New drivers, particularly young or elderly ones, may lack the skills to safely navigate areas with high pedestrian traffic.
Table of Contents
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What are Pedestrian Accidents?
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Types of Pedestrian Accidents
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Pedestrian Accident Statistics in Portland (2017 - 2021)
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High Crash Network Streets and Intersections
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Causes of Pedestrian Accident
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Common Injuries Caused By Pedestrian Accidents
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What If I'm at Fault in a Pedestrian Accident? Can I Still Get Compensation in Oregon?
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Statute of Limitations for Pedestrian Accident Cases in Portland
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Types of Compensation Available for Pedestrian Accident Injuries in Portland
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Steps to Take After Getting in a Pedestrian Accident
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How Can a Pedestrian Accident Lawyer Help My Case?
Common Injuries Caused by Pedestrian Accidents
There were 8 pedestrian deaths in Portland in 2011, and this was increased to 18 in 2023. [3]
Pedestrian accidents can result in a range of injuries, and the severity often depends on various factors such as the speed of the vehicle, the point of impact, and the age and health of the pedestrian.
Here are injuries often caused by pedestrian accidents:
- Abrasions
- Amputations
- Bruises
- Contusions
- Concussions
- Cuts and lacerations
- Dental injuries
- Dislocations
- Eye injuries
- Fractures
- Head injuries
- Internal injuries
- Pelvic injuries
- Psychological trauma
- Soft tissue injuries
- Spinal cord injuries
- Traumatic brain injuries (TBI)
- Whiplash
What If I'm at Fault in a Pedestrian Accident? Can I Still Get Compensation in Oregon?
In Oregon, the legal principle of comparative fault applies to personal injury cases, including pedestrian accidents. This means that even if you, as a pedestrian, are partially at fault for the accident, you may still be entitled to seek compensation for your injuries and losses.
Oregon follows a modified comparative fault system, specifically the “51 percent rule.” Under this rule, you can still pursue compensation for your injuries as long as you are not found to be 51 percent or more at fault for the accident. If you are found to be partially at fault for the pedestrian accident, your compensation may be reduced proportionally to your degree of fault. [5]
Statute of Limitations for Pedestrian Accident Cases in Portland
In Portland, the Statute of Limitations for filing a pedestrian injury claim is two years, but several factors can impact this timeline. The discovery rule allows the two-year period to begin when the injury should have been discovered, rather than when it occurred.
For minors, the Statute of Limitations is tolled until they reach 18 years of age. Government entities have a shorter timeline for filing insurance claims, typically 180 days, and additional requirements for providing notice. [6]
Other factors that can impact the Statute of Limitations for pedestrian or personal injury claims in Portland include the extent of the injuries, the involvement of multiple parties, and the availability of evidence.
Types of Compensation Available for Pedestrian Accident Injuries in Portland
If you’ve been injured in a pedestrian accident in Portland, you may be entitled to various types of compensation for your injuries and losses. Here are some common types of compensation available for pedestrian accident injuries:
- Medical Expenses: This includes compensation for current and future medical bills related to your pedestrian accident injuries. Medical insurance includes coverage for hospital stays, surgeries, doctor visits, prescription medications, rehabilitation, therapy, and medical equipment.
- Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for the income you have lost due to missed work. This can include wages, salary, bonuses, and other employment benefits that you would have earned if not for the accident.
- Pain and Suffering: Compensation for pain and suffering is intended to cover the physical pain and emotional distress caused by your injuries. The classification can differ based on the severity and impact of your injuries.
- Permanent Disability or Disfigurement: If your pedestrian accident injuries result in permanent disability or disfigurement, you may be entitled to additional compensation to account for the long-term impact on your quality of life, earning potential, and emotional well-being.
- Loss of Consortium: In cases where the pedestrian accident results in severe injuries that affect your relationship with your spouse, they may be entitled to compensation for loss of consortium, which includes the loss of companionship, intimacy, and support.
- Property Damage: If your personal property, such as clothing, eyeglasses, or electronic devices, was damaged in the accident, you may be entitled to compensation for the cost of repair or replacement.
- Wrongful Death Damages: If a pedestrian accident results in the death of a loved one, surviving family members may be entitled to compensation for funeral and burial expenses, loss of financial support, loss of companionship, and other damages through a wrongful death claim.
The specific damages you can recover will depend on the circumstances of your case, the extent of your injuries, and other factors. Consult with our experienced personal injury attorney who can evaluate your case and help you pursue the full and fair compensation you deserve.
Steps to Take After Getting in a Pedestrian Accident
Experiencing a pedestrian accident can be overwhelming, but taking certain steps immediately afterward can help protect your well-being and your legal rights.
Here are the steps to take after getting in a pedestrian accident:
- Ensure Safety: Move to a safe location if possible, away from traffic and potential hazards. If you’re unable to move, try to signal for help or ask bystanders to assist you.
- Check for Injuries: Assess yourself and others involved in the accident for injuries. Seek medical attention for anyone who is injured, even if injuries seem minor. Some injuries may not be immediately apparent but could worsen without prompt treatment.
- Contact Emergency Services: Call 911 or ask someone to call for emergency medical assistance and the police. Reporting the accident ensures that medical help and law enforcement are dispatched to the scene.
- Exchange Information: Exchange contact information, insurance details, and vehicle registration numbers with the driver(s) involved in the accident. In addition, gather contact information from any witnesses present at the scene.
- Document the Scene: Document the accident scene thoroughly by taking photos or videos that capture details such as vehicle positions, traffic signals, road conditions, and visible injuries, as this evidence can be useful in court. If you are too injured, request someone help you with documentation.
- File a Police Report: Cooperate with law enforcement officers and provide them with an accurate account of what happened. Request a copy of the police report for your records, as it may be valuable for insurance claims and legal proceedings.
- Seek Medical Attention: Even if you don’t feel seriously injured, be sure to undergo a medical evaluation as soon as possible after the accident. Some injuries, such as concussions or internal injuries, may not manifest symptoms immediately but could have serious consequences if left untreated.
- Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Please give them all the necessary details about the accident and follow their guidance on how to submit a claim.
- Keep Records: Keep thorough documentation of all medical treatments, expenses, and losses associated with the accident, including medical bills, prescription receipts, communication with insurance companies, and any other pertinent paperwork.
How Can a Pedestrian Accident Lawyer Help My Case?
Our pedestrian accident lawyers will provide legal assistance to pedestrian accident victims throughout their recovery process.
Here are ways in which our pedestrian accident lawyers can assist with your case:
- Legal Advice and Guidance: Our pedestrian accident attorneys can provide you with legal advice tailored to your specific situation. Our goal is to help you understand your rights, responsibilities, and legal options.
- Investigation and Evidence Gathering: Our lawyers will investigate the walkway accident thoroughly, gathering evidence like witness statements, reports, footage, and medical records.
- Determining Liability: Identifying the party or parties at fault is an integral part of pedestrian accident claims. Our attorneys are experienced in analyzing evidence to determine liability, whether it be a driver, property owner, or another party.
- Negotiating with Insurance Companies: Our pedestrian accident attorneys are experienced in negotiating with insurance companies. We can handle communications with the at-fault party’s insurance provider to seek fair compensation for medical expenses, lost wages, pain and suffering, emotional distress, and other damages.
- Calculating Damages: Our injury lawyers are able to help assess all damages, including economic and non-economic losses. This involves assessing medical costs, future healthcare requirements, income loss, and the overall effect on your quality of life.
- Filing a Lawsuit: If a fair settlement cannot be reached through negotiation, our pedestrian injury lawyers can file a lawsuit on your behalf. We provide guidance through the legal process, file required court documents, and offer representation in court.
- Advocacy in Court: If your case goes to court, we will provide professional legal representation. We present evidence, cross-examine witnesses, and argue on your behalf to seek a favorable judgment.
Hiring our pedestrian accident lawyers in Portland will significantly increase your chances of achieving a favorable outcome in your case.
Contact us today to discuss how we can work together towards achieving justice and your financial recovery.
FAQs About Pedestrian Accidents
Seek medical attention for any injuries. If possible, document the scene, exchange information with the involved parties, and report the accident to the police.
It's generally advisable to consult with a lawyer before starting settlement negotiations with the insurance company. Insurance adjusters may consider your statements when evaluating your claim.
Yes, you may be able to file a wrongful death lawsuit on behalf of a deceased loved one. Consult with a pedestrian accident lawyer to understand the legal options available to you.
Sources:
[1] ‘Devastating statistics’ outlined in city’s 2021 traffic crash report. (2022, February 3). BikePortland. https://bikeportland.org/2022/02/03/devastating-statistics-outlined-in-citys-2021-traffic-crash-report-347024
[2] Pedestrian Safety. (2024c, April 29). Pedestrian, Bicycle, and Motorcycle Safety. https://www.cdc.gov/pedestrian-bike-safety/about/pedestrian-safety.html?CDC_AAref_Val=https://www.cdc.gov/transportationsafety/pedestrian_safety/index.html
[3] Portland Gov . (n.d.). https://www.portland.gov/sites/default/files/2022/traffic-crash-report-2021.pdf
[4] Pedestrian overrepresentation in traffic deaths. (n.d.). Portland.gov. https://www.portland.gov/transportation/vision-zero/pedestrian-overrepresentation-traffic-deaths
[5] Findlaw https://www.findlaw.com/state/oregon-law/oregon-negligence-laws.html
[6] ORS 73.0118 – Statute of limitations. (n.d.). https://oregon.public.law/statutes/ors_73.0118
Goldberg & Loren
6500 S Macadam Ave Suite 300
Portland, OR 97239
(971) 339-8080
We fight hard for our clients who have suffered injuries from a pedestrian accident in Portland, Oregon. Our personal injury lawyers fight for maximum compensation.
We Represent Pedestrians Who Have Been Injured in Auto Accidents in the Following Cities and Communities Near Portland, Oregon.
- Beaverton, OR
- Hillsboro, OR
- Vancouver, WA
- Clackamas County, OR
- Clark County, WA
- Columbia County, OR
- Multnomah County, OR
- Skamania County, WA
- Washington County, OR
- Skamania County, WA
- Yamhill County, OR
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